21/03/2016

Court and Tribunal Fee changes

As you may be aware, subject to Parliamentary approval, there will be a number
of changes to court and tribunal fees anticipated for March 2016.

In possession claims the fee for issuing proceedings will be increasing from
£280 to £355 and for those who lodge online through PCOL from £250 to £325

In general applications within civil proceedings the fees will be increasing
from £155 to £255 for an application on notice and from £50 to £100 for an application
by consent/without notice. These increases will not apply to general applications made
within protection from harassment claims or applications for a payment out of court funds.
Nor will they apply for applications within insolvency proceedings where the existing
fees for general applications will continue to apply

The date of implementation is 21st March 2016.
The Government announced its intention to proceed with these changes in a consultation
response document published in July 2015. That document is available at the following link:
Fees changes consultation

06/04/2016

Attachment of earnings/ Charging orders

Centralisation of Charging Orders and Attachment of Earnings to
the CCMCC Salford will become effective from 6th April 2016
Please see the table below for details of where to send your application
if you intend to resubmit your application after 6th April 2016

Attachment of earnings

AE form N337 remains the same

AE maintenance applications will continue under the existing rules

All applications other than applications to the Family Court in respect of
maintenance orders and some applications for consolidated Attachment of Earnings
orders will be submitted to the CCMCC in Salford and will be managed there from
receipt to making of the full or suspended order in cases where a response under
Statement of Means (form N56) has been received from the debtor.
If no response is received from the debtor then the application will be sent to
the debtor’s home Court

Telephony will go to Loughborough whilst the case remains at CCMCC, then home
court contact details if the case is transferred out

There is the option to email applications to court (if you have a Fee Account)
– It is unclear whether it will be limited to individual email applications or multiple
applications in one email . More detail is expected from HMCTS in this regard

If no response to N56, the claimant will receive a transfer notice as the case is
transferred to them home court (HMCTS are considering options for email notifications
to limit any confusion about which court currently holds the case during this time)

There are judiciary available to review the accounts at CCMCC and the home courts
where required

In all cases, the debtor will remain able to ask for any decision made by the
Court Officer to be reconsidered by a District Judge

Charging Orders

CO forms N379 and N380 will change:-
Link: Proposed new form N379 (PDF)Link: Proposed new form N380 (PDF)
The CCMCC in Salford will process all Charging Order applications made to the County Court,
save where the application is for a charging order over an interest in a fund in court
(in which case the application must be made to the County Court hearing centre where
the order of judgment was made).
Where the application is for a charging order over the debtor’s interest in land,
consideration of the application, including the making of an interim charging order
will be by a court officer save in the following cases:
(a) an application under section 2(1)(b)(i) of the 1979 Act;
(b) an application for a charging order on the interest of a partner in the
partnership property under section 23 of the Partnership Act 1980;
(c) where an instalment order has been made before 1 October 2012;
(d) where the court officer otherwise considers that the application should be
dealt with by a judge.
The rule changes supporting centralisation will allow the Interim Order to be made by an
officer of the court by way of an ‘unless notice’. In other words, the order will provide
that unless the judgment debtor objects to the making of the final charging order
(within 10 days of service of the interim charging order), then the Court will proceed
to consider the making of a final charging order (following filing by the judgment creditor
of evidence of service together with evidence of continuing debt) The final charging order
will be made by a District Judge or Deputy District Judge.
If the judgment debtor objects to the making of a final charging order, then the application
for a charging order will be automatically sent to the judgment debtor’s home Court for
listing before a District Judge or Deputy District Judge.

Loughborough Contact Centre details: 03001231372.

Support team

The Fee Account support team can be contacted at 01633 581341 or by email
MiddleOffice.DDServices@liberata.gse.gov.uk

31/07/2016

CCBC SDT Processing changes

1. Joint judgments - CaseMan v MCOL model:–

CaseMan & MCOL use different models for handling joint judgments.
In MCOL there is a single judgment request that applies to both defendants,
but in CaseMan there are two separate judgments, one for each defendant.
This causes issues where applications to vary the instalments are made by the defendant
and also when the claimant submits status updates against individual defendants.
MCOL will be changed to process these as two separate judgments similar to CaseMan
to align the two applications.

2. Status updates following Defence or Part Admission:–

Currently MCOL will only allow claim status updates (paid, settled or discontinued)
to be made using MCOL or SDT if the claim status on MCOL is “Issued.”
If a defendant submits a defence or a part admission in response to a claim, the status
is changed to Defence or Part Admission resulting in the claimant being unable to update
the status electronically.
The change will allow customers to update the claim status electronically where a Defence
or Part Admission has been filed.

3. Defendant response to be included in feedback to claimants:–

Currently the claimant needs to log into MCOL to view the contents of the defence,
counterclaim or part admission. Customers requested that the response should be visible
in the bulk feedback request made through SDT.
This will therefore be implemented.

4. Judgment following a part admission:–

Currently where a claimant requests a judgment following a part admission,
the claimant can only enter one figure which is the total amount for the judgment (this includes all costs).
Due to concerns raised at local courts the amounts need to be separated, similar to how
requests are made for judgments by acceptance on full admissions (using form N225 Request for
judgment and reply to admission (specified amount)).
Please note that unfortunately the N225a document (Notice of part admission (specified amount))
cannot be uploaded into MCOL so customers viewing the judgment request on a part admission will
see the figures within the N225 form (interest should still not be included when entering judgment
on a part admission).
Mrs H James
Northampton County Court Business Centre
Telephone Number: 0300 123 1056 / 01604 619400